Florida Statute 733.710
“Limitations on claims against estates”
What it means
This is Florida's statute of repose for a decedent's debts. Two years after death, neither the estate, the personal representative, nor the beneficiaries are liable for any claim or cause of action against the decedent — whether or not a probate was ever opened, and whether or not the creditor ever learned of the death.
There are exactly two survivors. A creditor who filed a timely §733.702 claim within the two years, still unpaid and not otherwise disposed of, keeps its claim. And recorded mortgages, security interests, and possessory liens stay enforceable against the property itself — the bar kills personal claims, not liens.
- 2 years from the date of death — not from publication, not from appointment, not from discovery.
- Protects the estate, the personal representative, and the beneficiaries alike.
- Applies whether or not letters of administration were ever issued.
- Exception: claims filed under §733.702 within the 2 years and not yet paid or disposed of.
- Exception: duly recorded mortgages and security interests, and liens of persons in possession of personal property — foreclosure survives.
- Unlike §733.702, there is no extension provision — fraud, estoppel, and insufficient notice do not reopen it.
How it plays out
The two-year bar cuts both ways in our practice. For families who waited, it can be quiet good news: open an estate 25 months after death and most unsecured debts are simply gone. For creditors, it is the deadline behind the deadline — we have seen six-figure claims evaporate because a lawsuit against the decedent was pending and nobody filed in the probate. The mortgage, though, survives either way.
Where this shows up
Pages on this site where § 733.710 does real work:
Questions people ask
